Claims Assistance Sites Up and Running for September 11th Victims Compensation Fund Recipients
By Michelle Logsdon - March 11, 2002The final rules for filing death claims for the September 11th Victim Compensation Fund were announced March 7 by the fund’s Special Master Kenneth R. Feinberg.
The Office of the Special Master has set up seven walk-in claims assistance sites where possible fund recipients can ask questions and fill out the 23-page Compensation Form for Deceased Victims and other paperwork. PricewaterhouseCoopers (PwC) consultants are manning the sites.
Charles Miller, spokesman for the U.S. Department of Justice, told adjustercom.com that approximately 375 claims were filed as of March 8. “We expected an increase in the number of claims filed since the final terms were announced, but I would not say they are overwhelmed at the sites.”
By mid-afternoon on March 11, nine people had stopped into the seven offices according to Bob Driscoll the manager overseeing all of the sites. Driscoll told adjustercom.com that the consultants in the offices are not only helping people with paperwork but sharing memories, and often tears, with them as well. “These people are still in the grieving process. Part of our service is to listen to them.”
Driscoll said the consultants are seasoned PwC employees with extensive training in interpersonal relationships. Trish Thomson, deputy project director for the September 11th Victim Compensation Fund, told adjustercom.com that conference calls are conducted every day with the workers at the sites so they can share their experiences with each other and deal with the pain they are seeing.
Along with handling the grief of the relatives of the Sept. 11 terrorist attack victims, claims assistance site workers will probably deal with their anger too. Many family members are still unhappy with Feinberg’s outline for the fund.
On the positive side, Feinberg increased the average award $200,000 from $1.65 million to $1.85 million. Plus, Feinberg eliminated almost all deductions like workers’ compensation and Social Security from the claims, but due to congressional statutes he could not drop deductions for life insurance payouts and some pension benefits. Because of other congressional rules, domestic partners of victims will not receive benefits from the fund.
“I have no power to usurp or disregard congressional mandates,” said Feinberg. “Rather, my goal has always been to provide the most fair and appropriate compensation within the parameters established by Congress.”
Another controversial element of the fund was the $250,000 minimum payment to each family for non-economic damages. Stephen Push, spokesman for Families of September 11, denounced that amount as politically motivated. “The Bush administration wanted to set a precedent for tort reform that reduces the value of human life. And they did it. Boy, did they do it.” Push’s wife, Lisa J. Raines, was killed when American Airlines Flight 77 crashed into the Pentagon.
Still, others said Feinberg did the best he could with the situation he was presented. Larry Stewart, president of Trial Lawyers Care, a group offering free legal advice to families told the Los Angeles Times, “Feinberg was very motivated to do the very best he could for the victims’ families.”
The fund was created within two weeks of the terrorist attacks as part of the Air Transportation Safety and System Stabilization Act. The goal of the act was to bail out the airlines and promise money to those injured in the attacks and to the relatives of the more than 3,000 people killed. Those who accept compensation from the fund give up their right to sue.
Other changes in the final rules include a doubling of the non-economic award for each surviving spouse and child to $100,000.
Families of undocumented immigrant workers can file claims without the threat of the Immigration and Naturalization Services using the information against them.
The deadline for civilians to report injuries from the attacks was increased from 24 to 72 hours following the tragedies. Rescue workers had even longer to come forward, but Feinberg will view those situations on a case-by-case basis. He also expanded the definition of "rescue worker" to include construction crews at ground zero.
Driscoll gives people a couple of days to digest the new rules, and then he expects the numbers of visitors to the claims assistance sites to increase. He also said the sites will probably be busier tomorrow because the personal injury form is scheduled for release tonight. | 
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